Law: Criminal Procedure Code (V of 1898)

Section: Ss. 173 (1) (a), 190 (1) (b) & 537

Criminal Procedure Code (V of 1898), Ss. 173 (1) (a), 190 (1) (b) & 537-Provislons of S. 173 (1) (a) imperative-Non -compliance of- Renders cognizance by Magistrate illegal and invalid-Not curable tinder S. 537.   In re Shivlingappa Bhagappa A I R 1930 Bom. 372 ; Aghor Ch. Dev Barma v. Government of Tripura A I R 1952 Trip. 14 ; Badamilal Ramdhan and others v. The State A I R 1955 Bhop. 20 ref.   Criminal Procedure Code (V of 1898), S. 173 & 199 ---Charge-sheet filed by police under S.173 disclosing two cogniz able offences and one non-cognizable offence under S. 498, Penal Code (XLV of 1860)-Whether cognizance can be taken by Magis trate in absence of complaint by husband as required by S. 199 (Quaere).   Emperor v. Imankhan Rasulkhan 13 Cr. L J 287 ref. ORDER   The three applicants in this case were challaned by the S. H. O. Kotri in the Court of the Sub-Judge and First Class Magistrate, Kotri under charge-sheet No. 36 dated 13-8-61 in respect of offences under sections 380/498/411, P. P. C. It is urged on their behalf by their advocate that this charge-sheet is invalid and illegal as it does not comply with the provisions of section 173 (1) (a), Cr. P. C. This section requires that the police report to be forwarded to a Magistrate empowered to take cognizance of the offence shall be in the form prescribed by the Provincial Government setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstance of the case etc. In the present case the nature of the information has not been disclosed in the requisite column prescribed in the approved form for that purpose. The heading of this column is in these words :-   "Charge or information, name of offence and circumstances connected with it in concise detail and under what section of law charged." In this particular column there is no, information as to the nature of the offence charged or of the circumstances connected with it. All that appears in this column are the figures 380, 498 and 411.   It is further urged by the learned advocate appearing on behalf of the applicants thatthe…